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Archive for the ‘Governor’s Office’ Category

Before you accept the state’s Shelter at Home program, you may want to consider the quality of workmanship—or lack thereof—that some 2016 flood victims who have participated are experiencing. http://www.theadvocate.com/baton_rouge/news/politics/article_3116e8b6-7abb-11e6-91c5-d3139b79d965.html?sr_source=lift_amplify

While you should beware of shoddy work by contractors, you should also consider that all work done will likely need to be re-done and makeshift (inferior) plumbing will have to be replaced at your cost.

If that is not enough to convince you, you may wish to follow an important trial scheduled to begin in the 19th Judicial District courtroom of District Judge Tim Kelly on October 3.

The upcoming trial is over the foreclosure on rental property owned by Metairie resident Tony Pelicano and his company, L&T Development. Pelicano also has legal action pending against defendants the State of Louisiana through the Office of Community Development, The Shaw Group, Inc., Woodrow Wilson Construction Co., both of Baton Rouge, and Western Surety Co. of Sioux Falls, S.D.

Pelicano purchased a rental house on Turnbull Street in Metairie on April 28, 2005, just in time for it to be heavily damaged four months and one day later when Hurricane Katrina struck New Orleans on Aug. 29.

Pelicano, like victims of the flood almost exactly 11 years later (Aug. 11-14), was solicited by the state to take part in a state-sponsored recovery program.

In the case of Katrina, it was the Office of Community Development (OCD) that oversaw the Post-Katrina Disaster Housing Assistance and Household Transition Program. https://www.huduser.gov/portal/pdredge/pdr_edge_research_041913.html

With the floods of 2016, it is the Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) that took over the Shelter at Home Program.

http://gov.louisiana.gov/page/shelter-at-home-program

The Shelter at Home Program provides up to $15,000 to make a flood-damaged home habitable while the dwelling is being repaired. But the homeowner has no say in the choosing of a contractor to do the work. Nor does the homeowner receive any of that $15,000; all monies paid out go to the contractor.

Sound familiar? It should. It’s déjà vu all over again.

Despite the fact that Tony Pelicano is himself a contractor, he was told that not only could he not select his contractor for the Rental Assistance Program, but he could not even do the work himself. Nor did he receive funds to pay the contractor; that was paid by the State Office of Community Development directly to the contractor.

In both cases, the homeowner has no say about the quality of work, is unable to withhold payment should the contractor, who was not of his choosing, should do substandard work. http://www.wafb.com/story/33133888/video-raises-questions-about-shelter-at-home-program

http://www.wbrz.com/news/shelter-at-home-program-leaves-mess-in-st-amant-home/

And that is precisely why Pelicano is headed for trial the first week in October.

At the outset, a community block grant was awarded in the amount of $75,000 with the additional $14,595 in costs to be paid by Pelicano at closing.

OCD then selected Woodrow Wilson Construction Co. to serve as contractor. When Pelicano requested the ability to select his own contractor, “OCD advised him he was not entitled to have any say nor (sic) input with respect to the employment of Woodrow Wilson for the rehabilitation and reconstruction project,” one of Pelicano’s court filings says.

In September, 2009, Pelicano was personally solicited by the State of Louisiana, through Mark Maier, Program Director of the Small Rental Property Program for OCD and a principal of Maier Consulting, to submit an application to become the first test applicant with the Small Rental Program through the State Office of Community Development, Pelicano says in a sworn affidavit.

“This Program administers federal funds to small rental property owners in order to facilitate the reconstruction of small rental properties in order to return them to commerce, post-Katrina, and provide affordable housing for Katrina victims,” he said. “This is accomplished through a forgivable loan of $75,000.00 and we personally put up the additional sum of $14,595.00 from our own personal funds.

In May 2012, Pelicano said he attended a meeting in Baton Rouge attended by Maier, OCD Supervisor for the Small Rental Program Brad Swayze and Dan Rees, also of OCD. When Pelicano protested that construction change orders were made without his knowledge or consent, he says he was threatened and told he had no rights to his own property. Pelicano claims he was told if he contacted the media, his bank note would be accelerated and that a lawsuit would be filed against him—“threats that OCD fulfilled,” he says.

Those change orders included, among others:

  • Substituting non-pressure treated lumber instead of the pressure treated lumber called for in the building specifications;
  • Sloppy fittings of windows which allowed moisture to invade the structure;
  • Relocating the hot water heater to a location that could pose a threat of fire, and
  • Cutting a hole in the door in order to make the hot water tank fit.

Pelicano subsequently hired a professional engineering and inspection firm, Gurtler Brothers of New Orleans, to evaluate the reconstruction efforts. He presented copies of the firm’s photos-and-report and asked that immediate action be taken to remedy the conditions of the property.

“OCD refused,” he says, “and instead, contacted another construction company, Lago Construction Co. (which is not an engineering nor a qualified inspection firm) to conduct an ‘impartial’ inspection.”

Lago then issued a report passing off defects “as either minor or simply not in need of fixing,” Pelicano says.

Incredibly, Pelicano later learned that Lago was a business partner with Maier Consulting, headed by that same Mark Maier who simultaneously served as Program Director of the Small Rental Property Program for OCD. http://images.bimedia.net/documents/Lago+-+SRPP+Labor+Analysis+10-25-12.pdf

No conflict of interest there, right?

Oh, wait. It gets better.

The head of Lago, Praveen Kailas, whose family poured more than $23,000 into Bobby Jindal’s campaigns in 2003, 2007 and 2011, pleaded guilty in 2013 to federal charges of fraudulent billing in the…(wait for it)….Louisiana Road Home’s Small Rental Property Program. http://www.claimsjournal.com/news/southcentral/2013/08/22/235416.htm

Jindal’s office said it launched an internal investigation but dropped the probe when Mark Maier, the consultant (and, did we mention, coincidentally, Program Director of the Small Rental Property Program for OCD?) wrote a note absolving Lago of any wrongdoing.

He wrote a note, folks, clearing his business partner of wrongdoing but relied on that same business partner to block recovery by a man ripped off by the very program he headed.

Perhaps someone should have written a note for Richard Nixon, or John Wayne Gacy, or Mark David Chapman, or John Hinckley, Jr., or former U.S. Rep. William Jefferson, or former Federal Judge Thomas Porteous.

We could go on but you get the idea: He wrote a damned note to clear his partner but that same tainted relationship played a major role in events that today see the state trying to foreclose on Tony Pelicano.

What could possibly be wrong with this picture?

What could possibly go wrong with the Shelter at Home Program?

And did Jindal return any of that $23,000 from the third (at a minimum) convicted felon who contributed big bucks to his campaigns?

Or did he write a note on their behalf?

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It’s been more than a year since Troy Hebert showed up at State Civil Service hearing over his firing of former Alcohol and Tobacco Control (ATC) agent Brett Tingle with five taxpayer-paid attorneys in tow.

That was the hearing from which Hebert tried unsuccessfully to bar LouisianaVoice only to be told a public hearing meant that it was…well, public. https://louisianavoice.com/2015/07/10/civil-service-hearing-for-fired-atc-agent-continued-to-sept-after-settlement-talks-break-down-troy-didnt-want-us-there/

It was during the proceedings that fateful day (July 10, 2015) that Hebert, then the ATC Director but now a minor (and boy, do we mean minor) no-show (as in the polls) candidate for the U.S. Senate, made such a big production of releasing the contents of private cell phone text messages by Tingle. https://louisianavoice.com/2015/09/27/troy-hebert-may-have-violated-state-constitution-in-releasing-contents-of-private-text-messages-in-effort-to-discredit-agent/

It was a move (mis)calculated to embarrass Tingle publicly and to weaken his appeal before the Civil Service hearing officer.

On Tuesday, Sept. 13, however, it was Hebert, Bobby Jindal’s fair-haired boy, who was dealt a little embarrassment. file:///C:/Users/Tom/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/CKN53EOO/2016%2009%2013%2032%20Order_Mo%20to%20Dismiss%20(003).pdf

U.S. District Judge John W. deGravelles of Louisiana’s Middle District in Baton Rouge ruled that the privacy of Tingle’s cell phone was protected under the Fourth Amendment of the U.S. Constitution http://legal-dictionary.thefreedictionary.com/Fourth+Amendment and under  Article I § 5 of the Louisiana Constitution.  Louisiana courts have established that Article I § 5 provides greater protection of privacy rights than the Fourth Amendment. https://louisianavoice.com/2015/09/27/troy-hebert-may-have-violated-state-constitution-in-releasing-contents-of-private-text-messages-in-effort-to-discredit-agent/

At the same time Judge deGravelles, while dismissing some parts of Tingle’s lawsuit, left intact the most serious of the claims when he ruled that Hebert may have defamed Tingle on three separate accounts by:

  • Releasing the contents of the text messages;
  • Implying publicly that Tingle was in some way involved in the theft and burning of Hebert’s state vehicle when he said, if a person would “connect the dots,” it would be easy to determine who vandalized the vehicle;
  • Making statements about Tingle in his termination letter and in news releases.

deGravelle’s defamation ruling opens the door to Tingle’s seeking substantial monetary damages.

Because Tingle’s lawsuit is against Hebert personally and not the state, Hebert would be solely liable for any damage award if found liable.

Reached at his home Tuesday night, Tingle said he had not had a chance to read the six-page ruling but he had discussed it with his attorney, J. Arthur Smith, III. “I’m delighted at what I’ve heard,” he said.

Hebert has been the subject of several stories by LouisianaVoice over the past few years—ever since his appointment to succeed Murphy Painter as ATC head when the Jindal administration attempted to frame Painter on trumped up charges when he wouldn’t play ball with Stephen Waguespack and the rest of Jindal’s junior varsity team. https://louisianavoice.com/2014/10/24/another-embarrassment-for-jindal-ex-atc-commissioner-murphy-painter-wins-defamation-suit-against-his-accuser/

Besides his bizarre behavior in person-to-person dealings with his agents, he also has been known to assign a female agent to undercover drug enforcement in New Orleans bars and then to assign her to uniformed patrol at the same establishments the following week, a move that could have endangered her life.

He also transferred a black agent from New Orleans to Shreveport on a full time basis with less than a full day’s notice, supposedly as a way to force the agent’s resignation and was said to have confided in one of his white agents that he intended to force blacks out of the agency.

And then there was this story that LouisianaVoice broke last January: https://louisianavoice.com/2016/01/26/fbi-said-investigating-troy-hebert-for-using-office-to-extort-sex-from-woman-in-exchange-for-fixing-licensing-problems/

All in all, it’s not been a very good year for Troy Hebert who, in the last poll we saw, polled exactly 0%. You’d think that with 24 candidates in the race to succeed U.S. Sen David Vitter, Hebert would pull at least 1% just by accident.

Shoot, even our former governor, ol’ what’s his name, did better than that in his comical run for the Republican presidential nomination.

But for what it’s worth, Troy, if it came down to a choice between you and David Duke, we’d be out campaigning for you. Thankfully, however, it looks as though it may be between the two of you for 24th place.

 

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Less than three months ago, on June 24, Gov. John Bel Edwards signed an executive order in which he mandated more scrutiny over how significant industrial property tax breaks are doled out to manufacturers. http://www.nola.com/business/index.ssf/2016/06/john_bel_edwards_signs_executi.html

Theoretically, the order gave local governments that would lose out on property taxes a say in approving exemptions for heavy industry, and companies applying for five-year renewals of five-year tax breaks totaling $11 billion would be required to prove the breaks would create and/or retain jobs.

But the Commerce and Industry Board may be trying an end run around Edwards’ order.

The board waited until late Friday afternoon (one of Bobby Jindal’s favorite tactics of making announcements as the week’s news cycle winds down) to give public notice of a Monday board meeting during which it is scheduled to vote on redirecting millions in local property tax revenue from disaster-affected parishes to corporate tax exemptions, without any input from the local bodies losing that revenue.

One of the exemptions to be voted on Monday would “renew” an exemption for Georgia Pacific, a Koch brothers company, costing East Baton Rouge $1.9 million in property taxes.

Exemptions are costing $16.7 billion in lost property tax revenues to local governments, schools and law enforcement, according to the nonprofit Together Louisiana, which will hold a press conference to oppose the proposed exemptions Monday at 9:15 a.m. prior to the 10 a.m. board meeting. http://togetherbr.nationbuilder.com/about

The board meeting will be held in the LaSalle Building at 617 North Third Street in Baton Rouge. The Together Baton Rouge press conference will be held in front of the LaSalle Building.

The exemptions being voted on at Monday’s meeting are being considered in direct violation of Governor John Bel Edwards’ Executive Order issued, and “effective immediately,” on June 24th, 2016, which stated that no future industrial tax exemptions would be approved without the consent of the local governmental bodies — school boards, sheriffs, municipalities and parish governing authorities — whose tax revenue was at stake.

No public hearings, public deliberations or local votes have taken place on any of these proposals, despite the clear requirement of the Edwards executive order. Here is the full agenda for Monday’s board meeting: http://www.opportunitylouisiana.com/docs/default-source/boards-reports/MeetingCategory/louisiana-board-of-commerce-and-industry/9-12-16-c-amp-i-board-agenda.pdf?sfvrsn=0

 

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co–opt

verb \kō-ˈäpt\

  • to use or take control of (something) for your own purposes

LouisianaVoice and The Hayride come down on the same side of an issue about as often as Bobby Jindal balanced the State Budget without imposing draconian mid-year cuts.

We are both in accord in the belief that there’s something that doesn’t pass the smell taste in the suspicious manner in which an investigation of political contributions by State Troopers was quietly dropped by the attorney hired to conduct the investigation—only to see that attorney retained to represent the state in a high-dollar lawsuit against oil companies over coastal land loss.

But the folks over at The Hayride should check the time line a little more carefully before trying to claim credit for breaking the story.

In its Thursday (Sept. 8) post, The Hayride said, “our own John Binder was at the forefront in reporting on the (contribution) scandal, following up with updates on the investigation, and exposing how deep it goes.”

That’s a pretty interesting claim given that LouisianaVoice and The Baton Rouge Advocate have attended every meeting of the Louisiana State Police Commission (LSPC) meeting (except when Advocate reporter Maya Lau was pulled off the story following the police shootings in July).

John Binder has yet to make an appearance at any of those meetings.

Moreover, to our knowledge, Binder’s first story about the contributions being laundered through Louisiana State Troopers Association (LSTA) Executive Director David Young was posted on Jan. 14 of this year. http://thehayride.com/2016/01/trooper-gate-illegally-funneling-money/

That was more than a month after our Dec. 9, 2015, story. https://louisianavoice.com/2015/12/09/more-than-45000-in-campaign-cash-is-funneled-through-executive-director-by-louisiana-state-troopers-association/

Moreover, The Hayride gave attorney Taylor Townsend credit for revealing that three members of the LSPC also had made political contributions in violation of state law when in fact, LouisianaVoice announced that fact before Taylor’s revealed it to the commission. https://louisianavoice.com/2016/04/14/two-more-members-of-lspc-quit-over-political-contributions-while-pondering-probe-of-lsta-for-same-offense/

Co-opt.

But enough of that. At least we’re in accord in our conviction that there’s something rotten in Denmark over the sleazy way in which it was announced that (1) no witnesses were interviewed, thus no written report was generated, (2) because there was no report, there are no findings to be provided the media, ergo (3) it’s nobody’s damned business what his “official investigation” found.

That’s correct, public records requests have hit the proverbial stone wall. In fact, LouisianaVoice has learned that there is a recording of a meeting of the Troop I affiliate of LSTA at which a member acknowledged that the LSTA violated the law in the manner in which the donations were approved by LSTA directors, funneled through Young, who was then reimbursed for “expenses.”

When a request for a copy of that recording was made of Townsend, he never denied the existence of the tape but said that because the tape was never introduced into evidence, it is not public record.

First of all, why was the recording not included as evidence? Second, why did Townsend not interview a single member of the LSTA?

So the obvious lesson here is if you don’t want your buddies (or one of your appointees) to be found guilty of some impropriety or if you don’t want to embarrass the agency you head, the obvious solution is to terminate the “investigation” short of interviewing witnesses or introducing key evidence (like an incriminating recording) and never issue  written report. That way, you keep your “findings” away from the nosy media. Hell, Nixon could’ve learned from these guys.

For a $75,000 contract, taxpayers deserve a little more thorough effort on the part of their “investigator.” To call Townsend’s efforts at a legitimate investigation and his lame explanation to the commission an exercise in duplicity would be charitable.

It would be enough if that were the end of the story. But it’s not…and it gets worse.

The fact that Gov. Edwards selected J. Michael Veron of Lake Charles and Gladstone Jones of New Orleans to represent the state in the legal action against the oil companies doesn’t concern us so much because (1) a lawsuit to force big oil to bear the cost of cleaning up after itself is long overdue, and (2) both men have proven track records in such litigation, having major decisions in the past. After all, in litigation with so high stakes, you want the best—even if they were major contributors to Edwards’ campaign—which they were. http://www.theadvocate.com/baton_rouge/news/environment/article_36a72414-6fd3-11e6-84fb-533941a35403.html

The fact that he chose to include Townsend, basically inexperienced in such litigation but a major Edwards fundraiser, on the heels of a complete—and shameful—whitewash in a probe that at least peripherally involved State Police Superintendent Mike Edmonson, re-appointed by Edwards, only reinforces our skepticism and our belief that the “investigation” was ordered quashed from the very top—by Edwards.

Of course Attorney General, in kicking off his 2019 gubernatorial campaign (can anyone seriously doubt he’s running?) has refused to concur in the attorneys’ appointments, which is an entirely different sideshow that’s certain to get even more interesting.

The Advocate’s Lau reported that Matthew Block, Edwards’ executive counsel, said the governor was not aware that Townsend had been hired by the LSPC until after it happened. http://www.theadvocate.com/baton_rouge/news/politics/article_2d629298-712d-11e6-b66b-4f996a7bf239.html

Block’s claim, to say the least, stretches credulity.

And then there was Thursday’s closed door meeting of the LSPC.

The commission went into executive session not once, but twice and that second time may have been in violation of the state’s open meeting laws.

At issue was the promotion of Maj. Jason Starnes to the position of Department of Public Safety Undersecretary to succeed Jill Boudreaux who retired (for a second time) earlier this year.

Starnes, a classified member of LSP, had been transferred by Edmonson to an unclassified non-state police service position as Interim Undersecretary, Custodian of Records of the Office of Management and Finance within the Louisiana Department of Public Safety and Corrections (DPS). https://louisianavoice.com/2016/06/06/starnes-promotion-pulled-by-edmonson-after-complaint-governor-fails-to-sign-lsp-pay-plan-rescinded-by-lspc/

That move, the complaint says, was in violation of Rule 14.3(G), which says:

  • No classified member of the State Police shall be appointed, promoted, transferred or any way employed in or to any position that is not within the State Police Service.

When the matter of a rule change to allow the appointment came up on the agenda, the commission went into closed session a second time.

When we pointed out state law prohibits carte blanche closed-door meeting, Townsend said the executive meeting was to discuss “personnel matters,” which is permitted under law.

La. R.S. 42:17 Exceptions to open meetings

  1. A public body may hold an executive session pursuant to R.S. 42:16 for one or more of the following reasons:

(1) Discussion of the character, professional competence, or physical or mental health of a person, provided that such person is notified in writing at least twenty-four hours, exclusive of Saturdays, Sundays, and legal holidays, before the scheduled time contained in the notice of the meeting at which such executive session is to take place and that such person may require that such discussion be held at an open meeting. However, nothing in this Paragraph shall permit an executive session for discussion of the appointment of a person to a public body or, except as provided in R.S. 39:1593(C)(2)(c), for discussing the award of a public contract. In cases of extraordinary emergency, written notice to such person shall not be required; however, the public body shall give such notice as it deems appropriate and circumstances permit.

(2) Strategy sessions or negotiations with respect to collective bargaining, prospective litigation after formal written demand, or litigation when an open meeting would have a detrimental effect on the bargaining or litigating position of the public body.

(3) Discussion regarding the report, development, or course of action regarding security personnel, plans, or devices.

(4) Investigative proceedings regarding allegations of misconduct

But, we said, the executive was not to discuss personnel matters, but to discuss policy, which must be discussed in open meeting.

You can guess who prevailed in this mini-debate. Townsend, again earning his fee, decided that since Edmonson claimed he never actually “appointed” Starnes because that can only be done by the governor, there was no need for action by the commission. Neither Townsend nor Doss bothered to mention that while Edmonson said he never “appointed” Starnes, the Louisiana State Police (LSP) Web page first listed Starnes as Undersecretary but then took the page down following the official complaint registered by retired State Trooper Bucky Millet of Lake Arthur.

As for the first executive session, it appeared to be legal. It was to discuss a settlement proposal in a legal matter, which was ultimately rejected by the commission.

A proposal by Commission President T.J. Doss to revamp the duties of the LSPC Executive Director was tabled following complaints by other members that they had not had an opportunity to review the changes.

Doss was caught off guard but recovered after we asked if the proposed changes, which would sharply curtail the executive director’s powers and responsibilities by transferring them to the LSPC, represented a power grab by Edmonson. The proposals certainly left that impression but Doss denied that was the motive behind the proposed changes.

The commission also rejected Doss’ call for a three-member “executive committee,” saying that was simply another layer of bureaucracy.

Nice to know there is still a sliver of sanity on the commission.

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An interesting news release appeared in our email inbox on Thursday (Sept. 1).

The headline beneath the official portrait of Attorney General Jeff Landry proclaimed:

Attorney General Jeff Landry Makes Louisiana Public Corruption Arrest

As if the inference that Landry made the collar all by himself were not enough, the sub-headline said:

 AG Stresses Commitment to Holding Government Officials Accountable

Here is the news release in its entirety:

Louisiana Attorney General Jeff Landry today announced an arrest made in Jonesville on charges related to violating the public’s trust.

 “In order to make our state an even better place, we must end Louisiana’s checkered past of public corruption and abuse of government offices,” said Attorney General Jeff Landry (how many times can you get the name Jeff Landry in a single news release?). “This arrest highlights our commitment to investigate, apprehend, and prosecute those who defraud our State and its people (remember that statement: it comes up again later in this post). And our office will keep working with local, state, and federal partners to hold government officials accountable.”

 Leigh Ann Ingram, a former utility clerk for the Town of Jonesville, was arrested on charges of theft (over $25,000), malfeasance in office, and computer fraud. Ingram is accused of diverting over $25,000 worth of utility payments and falsifying computer records to avoid getting caught. She allegedly received cash from customers paying their electric bills and diverted the funds foe personal use.

Based on the comparison of witness statements, cash receipts, time sheets, computer log reports, and other evidence, investigators from General Landry’s Louisiana Bureau of Investigation and the Louisiana Legislative Auditor’s Office determined that Ingram altered computer records on times and dates in which she was the only clerk in attendance.

Ingram, 47, of Jena, was arrested on August 31, 2016, and booked at the Catahoula Parish Sheriff’s Office.

That should give us a warm fuzzy just as the announcement in February by Inspector General Stephen Street should help us all sleep better at night.

In that announcement, Street informed us that Department of Children and Family Services (DCFS) Kimberly Deann Lee, 49, surrendered to authorities and was booked into the East Baton Rouge Parish Prison after being charged with falsifying reports and time sheets and for malfeasance in office.

 

After Bobby Jindal cut funding for DCFS, case workers were laid off and those remaining found themselves with impossible caseloads and no transportation for field work after repairs went undone. https://louisianavoice.com/2016/03/13/dcfs-funding-slashed-necessitating-driveway-visits-but-overworked-caseworker-is-arrested-for-falsifying-records/

At the risk of sounding like a broken record, LouisianaVoice continues to ask the unanswered question:

How is that the Attorney General and the Inspector General can be so vigilant in pursuing low-level employees while turning a blind eye to those with political clout who are equally guilty of abusing their office for financial gain?

Quite frankly, we have little patience for and even less confidence in those who are in a position to accomplish meaningful reform but choose to pick low-hanging fruit, i.e. rank and file employees with neither the financial means nor the political pull to mount an aggressive defense.

Take the lingering—and obviously ignored—case of Jill Boudreaux.

https://louisianavoice.com/2014/08/24/edmonson-not-the-first-in-dps-to-try-state-ripoff-subterfuge-undersecretary-retiresre-hires-keeps-46k-incentive-payout/

In April of 2010, the Jindal administration, in an offer to implement across the board savings, made a one-time incentive package offer to various state agencies as a means to encourage state employees to take early retirement.

Handled properly, it appeared at the time—and still does appear—to have been an economical and compassionate way to nudge employees who wanted out but who could not afford to retire, into making the decision to walk away, thus reducing the number of state employees which in turn translated to long-term savings in salaries and benefits paid by the state.

On April 23 of that year, DPS Deputy Undersecretary Jill Boudreaux sent an email to all personnel informing them that the Department of Civil Service and the Louisiana State Police Commission had approved the retirement incentive as a “Layoff Avoidance Plan.”

In legal-speak, under the incentive eligible applicants would receive a payment of 50 percent of the savings realized by DPS for one year from the effective date of the employee’s retirement.

Boudreaux, by what many in DPS feel was more than mere happenstance, managed to be the first person to sign up on the date the internet link opened up for applications.

In Boudreaux’s case, her incentive payment was based on an annual salary of about $92,000 so her incentive payment was around $46,000. In addition, she was also entitled to payment of up to 300 hours of unused annual leave which came to another $13,000 or so for a total of about $59,000 in walk-around money.

Her retirement date was April 28 but the day before, on April 27, she double encumbered herself into the classified (Civil Service) Deputy Undersecretary position because another employee was promoted into her old position on April 26.

A double incumbency is when an employee is appointed to a position that is already occupied by an incumbent, in this case, Boudreaux’s successor. Double incumbencies are mostly used for smooth succession planning initiatives when the incumbent of a position (Boudreaux, in this case) is planning to retire, according to the Louisiana Department of Civil Service.

On April 30, under the little-known retire-rehire policy, Boudreaux was rehired two days after her “retirement,” but this time at the higher paying position of Undersecretary, an unclassified, or appointive position.

What’s more, though she “retired” as Deputy Undersecretary on April 28, her “retirement” was inexplicably calculated based on the higher Undersecretary position’s salary, a position she did not assume until April 30—two days after her “retirement,” sources inside DPS told LouisianaVoice.

Following her maneuver, then-Commissioner of Administration Angelé Davis apparently saw through the ruse and reportedly ordered Boudreaux to repay her incentive payment as well as the payment for her 300 hours of annual leave, according to those same DPS sources.

It was about this time, however, that Davis left Gov. Bobby Jindal’s administration to take a position in the private sector. Paul Rainwater, Jindal’s former Deputy Chief of Staff, was named to succeed Davis on June 24, 2010, and the matter of Boudreaux’s payment quickly slipped through the cracks and was never repaid.

Six years later, in February of this year, Boudreaux finally retired for real, reportedly at the insistence of Gov. John Bel Edwards, who considered Boudreaux and the duplicitous maneuver and her accompanying financial windfall as something of an embarrassment.

https://louisianavoice.com/2016/02/29/dps-undersecretary-jill-boudreaux-retiring-for-real-this-time-6-years-after-taking-incentive-buyout-at-governors-directive/

When considering how Boudreaux successfully milked the system for what would appear to be a less than legitimate financial gain, one has to wonder how she manages to escape the self-serving law and order diligence of Landry and Street.

Or are their efforts to rid the state of official corruption a case study in selective justice?

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